[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1227 Reported in House (RH)]






                                                  Union Calendar No. 24
110th CONGRESS
  1st Session
                                H. R. 1227

                      [Report No. 110-51, Part I]

To assist in the provision of affordable housing to low-income families 
                     affected by Hurricane Katrina.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 28, 2007

Ms. Waters (for herself and Mr. Frank of Massachusetts) introduced the 
   following bill; which was referred to the Committee on Financial 
   Services, and in addition to the Committee on Transportation and 
   Infrastructure, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

                             March 16, 2007

  Reported from the Committee on Financial Services with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             March 16, 2007

Committee on Transportation and Infrastructure discharged; committed to 
the Committee of the Whole House on the State of the Union and ordered 
                             to be printed
    [For text of introduced bill, see copy of bill as introduced on 
                           February 28, 2007]

_______________________________________________________________________

                                 A BILL


 
To assist in the provision of affordable housing to low-income families 
                     affected by Hurricane Katrina.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gulf Coast Hurricane Housing 
Recovery Act of 2007''.

              TITLE I--COMMUNITY DEVELOPMENT BLOCK GRANTS

SEC. 101. FLEXIBILITY OF FEDERAL FUNDS FOR ROAD HOME PROGRAM.

    (a) Flexibility of Funds.--Subject to subsection (b) and 
notwithstanding any other provision of law, of the amounts previously 
made available to the State of Louisiana under the Hazard Mitigation 
Grants program of the Federal Emergency Management Agency, 
$1,175,000,000 of such unexpended amounts shall be made available as 
provided in this section. The amount specified in subsection (c) shall 
be available as provided in such subsection and the remainder shall be 
considered to have been made available to such State under the terms of 
the heading relating to ``Department of Housing and Urban Development--
Community Planning and Development--Community Development Fund'' in 
chapter 9 of title II of Public Law 109-234 (120 Stat. 472) and 
approved by the Secretary of Housing and Urban Development for use 
under the Road Home Program of such State.
    (b) Monthly Reports on Program.--
            (1) In general.--The State of Louisiana shall submit 
        reports under this subsection regarding the Road Home Program 
        to the Committee on Financial Services of the House of 
        Representatives and the Committee on Banking, Housing, and 
        Urban Affairs of the Senate. Each report under this subsection 
        shall describe and analyze the implementation, status, and 
        effectiveness of the Road Home Program and shall include the 
        following information, for the applicable reporting period and 
        for the entire period of the program:
                    (A) The number of applications submitted for 
                assistance under the program.
                    (B) The number of households for which assistance 
                has been provided under the program.
                    (C) The average amount of assistance provided for 
                each household under the program and the total amount 
                of assistance provided under the program.
                    (D) The number of personnel involved in executing 
                all aspects of the program.
                    (E) Actions taken to improve the program and 
                recommendations for further such improvements.
            (2) Reporting periods.--The first report under this 
        subsection shall be submitted not later than the expiration of 
        the 30-day period that begins upon the date of the enactment of 
        this Act and reports shall be submitted not later than the 
        expiration of each successive 30-day period thereafter during 
        the term of the program.
    (c) New Orleans Redevelopment Authority Pilot Program.--
            (1) Availability of amounts.--Of the unexpended amounts 
        referred to in subsection (a), the Secretary of Housing and 
        Urban Development shall make $15,000,000 available to the New 
        Orleans Redevelopment Authority (in this subsection referred to 
        as the ``Redevelopment Authority''), subject to paragraph (3), 
        only for use to carry out the pilot program under this 
        subsection.
            (2) Purpose.--The pilot program under this subsection shall 
        fund, through the combination of amounts provided under this 
        subsection with public and private capital from other sources, 
        the purchase or costs associated with the acquisition of 
        individual parcels of land in New Orleans, Louisiana, by the 
        Redevelopment Authority to be aggregated, assembled, and sold 
        for the purpose of development by private entities only in 
        accordance with, and subject to, the Orleans Parish Recovery 
        Plan, developed and adopted by the City of New Orleans.
            (3) Certifications.--The Secretary of Housing and Urban 
        Development may make amounts available pursuant to paragraph 
        (1) to the Redevelopment Authority only upon the submission to 
        the Secretary of certifications, sufficient in the 
        determination of the Secretary to ensure that the Redevelopment 
        Authority--
                    (A) has the authority to purchase land for resale 
                for the purpose of development in accordance with the 
                pilot program under this subsection;
                    (B) has bonding authority (either on its own or 
                through a State bonding agency) or has credit 
                enhancements sufficient to support public/private 
                financing to acquire land for the purposes of the pilot 
                program under this subsection;
                    (C) has the authority and capacity to ensure clean 
                title to land sold under the pilot program and to 
                indemnify against environmental and other liabilities;
                    (D) will provide a first right to purchase any land 
                acquired by the Redevelopment Authority to the seller 
                who sold the land to the Redevelopment Authority; and
                    (E) has in place sufficient internal controls to 
                ensure that funds made available under this subsection 
                may not be used to fund salaries or other 
                administrative costs of the employees of the 
                Redevelopment Authority.
            (4) Development requirements.--In carrying out the pilot 
        program under this subsection, the Redevelopment Authority 
        shall--
                    (A) sell land acquired under the pilot program only 
                as provided in paragraph (2);
                    (B) use any proceeds from the sale of such land to 
                replenish funds available for use under the pilot 
                program for the purpose of acquiring new parcels of 
                land or to repay any private financing for such 
                purchases;
                    (C) sell land only--
                            (i) to purchasers who agree to develop such 
                        sites for sale to the public; or
                            (ii) to purchasers pursuant to paragraph 
                        (3)(D); and
                    (D) in the case of a purchaser of land pursuant to 
                paragraph (3)(D), ensure that the developer of any 
                adjacent parcels sold by the Redevelopment Authority 
                makes an offer to the purchaser to develop such land 
                for a fee.
            (5) Inapplicability of stafford act limitations.--Any 
        requirements or limitations under or pursuant to the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act relating 
        to use of properties acquired with amounts made available under 
        such Act for certain purposes, restricting development of such 
        properties, or limiting subsequent alienation of such 
        properties shall not apply to amounts provided under this 
        subsection or properties acquired under the pilot program with 
        such amounts.
            (6) GAO study and report.--Upon the expiration of the 2-
        year period beginning on the date of the enactment of this Act, 
        the Comptroller General of the United States shall conduct a 
        study of the pilot program carried out under this subsection to 
        determine the effectiveness and limitations of, and potential 
        improvements for, such program. Not later than 90 days after 
        the expiration of such period, the Comptroller General shall 
        submit a report to the Committee on Financial Services of the 
        House of Representatives and the Committee on Banking, Housing, 
        and Urban Affairs of the Senate regarding the results of the 
        study.
    (d) Ongoing GAO Reports on Use of Amounts.--
            (1) Quarterly reports.--During the period that amounts made 
        available under subsection (a) are being expended under the 
        Road Home Program of the Louisiana Recovery Authority, the 
        Comptroller General of the United States shall submit reports 
        on a quarterly basis to the Committee on Financial Services of 
        the House of Representatives and the Committee on Banking, 
        Housing, and Urban Affairs of the Senate, and to the Secretary 
        of Housing and Urban Development. Such reports shall describe 
        and account for the use of all such amounts expended during the 
        applicable quarterly period and identify any waste, fraud, or 
        abuse involved in the use of such amounts.
            (2) Monitoring.--The Comptroller General shall monitor the 
        total amount made available under subsection (a) that has been 
        expended by such Authority and, pursuant to such monitoring--
                    (A) upon determining that at least two percent of 
                such amount has been expended, shall include in the 
                first quarterly report thereafter a written 
                determination of such expenditure; and
                    (B) upon determining, at any time after the 
                determination under subparagraph (A), that the portion 
                of such total amount expended at such time that was 
                subject to waste, fraud, or abuse exceeds 10 percent, 
                shall include in the first quarterly report thereafter 
                a certification to that effect.
            (3) Actions in response to waste, fraud, and abuse.--If at 
        any time the Comptroller General submits a report under 
        paragraph (1) that includes a certification under paragraph 
        (2)(B)--
                    (A) the Committees referred to paragraph (1) shall 
                each hold hearings within 60 days to identify the 
                reasons for such waste, fraud, and abuse; and
                    (B) the Comptroller General shall submit a report 
                to such Committees and the Secretary of Housing and 
                Urban Development within 90 days recommending actions 
                to be taken to prevent further waste fraud and abuse in 
                expenditure of such amounts.

SEC. 102. TREATMENT OF BENEFITS FROM OTHER PROGRAMS UNDER ROAD HOME 
              PROGRAM.

    Notwithstanding any other provision of law, to the extent that 
amounts made available under the heading ``Department of Housing and 
Urban Development-Community Planning and Development--Community 
Development Fund'' in chapter 9 of title I of division B of Public Law 
109-148 (119 Stat. 2779), under such heading in chapter 9 of title II 
of Public Law 109-234 (120 Stat. 472), and under section 101 of this 
title, are used by the Louisiana Recovery Authority under the Road Home 
program, the procedures preventing duplication of benefits established 
pursuant to the penultimate proviso under such heading in Public Law 
109-148 (119 Stat. 2781) and the 15th proviso under such heading in 
Public Law 109-234 (120 Stat. 473) shall not apply with respect to any 
benefits received from hazard insurance, flood insurance, or disaster 
payments from the Federal Emergency Management Agency, except to the 
extent that the inapplicability of such procedures would result in a 
windfall gain under the Road Home Program to any person.

SEC. 103. ELIMINATION OF PROHIBITION OF USE FOR MATCH REQUIREMENT.

    (a) In General.--Notwithstanding any other provision of law, any 
amounts made available before the date of the enactment of this Act for 
activities under the community development block grant program under 
title I of the Housing and Community Development Act of 1974 (42 U.S.C. 
5301 et seq.) for expenses related to disaster relief, long-term 
recovery, and restoration of infrastructure in the areas impacted or 
distressed by the consequences of Hurricane Katrina, Rita, or Wilma in 
States for which the President declared a major disaster, or made 
available before such date of enactment for such activities for such 
expenses in the areas impacted or distressed by the consequences of 
Hurricane Dennis, may be used by a State or locality as a matching 
requirement, share, or contribution for any other Federal program.
    (b) Efficient Environment Review.--Notwithstanding any other 
provision of law, when a State, unit of general local government, or 
Indian tribe, or Department of Hawaiian Home Lands uses amounts 
referred to in subsection (a), the release of which would otherwise be 
subject to environmental reviews under the procedures authorized under 
section 104(g) of the Housing and Community Development Act of 1974 (42 
U.S.C. 5304(g)), to match or supplement the federal assistance provided 
under sections 402, 403, 406, 407, or 502 of Robert T. Stafford 
Disaster Relief and Emergency Assistance Act, and the Director of the 
Federal Emergency Management Agency conducts an environmental review 
that encompasses all activities assisted by such matching funds, the 
Director's environmental review shall satisfy all of the environmental 
responsibilities that would otherwise be assumed by the State, unit of 
general local government, Indian tribe, or Department of Hawaiian Home 
Lands under such section 104(g), and the requirements and procedures of 
such provision, including assumption of environmental review 
responsibilities and submission and approval of a request for release 
of funds and certification, shall be inapplicable, if, prior to its 
commitment of any matching funds for such activities, the State, unit 
of general local government, Indian tribe, or Department of Hawaiian 
Home Lands notifies the Director and the Secretary of Housing and Urban 
Development that it elects to defer to the Director's environmental 
review responsibilities. If a deferral is elected under this 
subsection, the Director shall be the responsible party for any 
liability under the applicable law if the environmental review as 
described in the preceding sentence is deficient in any manner.

SEC. 104. REIMBURSEMENT OF CDBG AMOUNTS USED FOR RENTAL HOUSING 
              ASSISTANCE.

    There are authorized to be appropriated, from any amounts made 
available before the date of the enactment of this Act under any 
provision of law to the Federal Emergency Management Agency for 
disaster relief under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act relating to the consequences of Hurricane 
Katrina, Rita, or Wilma that remain unobligated, and from any amounts 
made available before such date of enactment under any provision of law 
to such Agency for such disaster relief relating to the consequences of 
Hurricane Dennis that remain unobligated, such sums as may be necessary 
for the Secretary of Housing and Urban Development to provide 
assistance under title I of the Housing and Community Development Act 
of 1974 (42 U.S.C. 5301 et seq.) to metropolitan cities and urban 
counties that used amounts previously made available under such title 
to provide rental housing assistance for families residing in such city 
or county pursuant to evacuation from their previous residences because 
of such hurricanes in the amount necessary to provide each such city 
and county with an amount equal to the aggregate amount of previous 
assistance under such title so used.

                        TITLE II--PUBLIC HOUSING

SEC. 201. SURVEY OF PUBLIC HOUSING RESIDENTS.

    (a) Survey.--The Secretary of Housing and Urban Development shall 
provide for the conducting of a survey, using appropriate scientific 
research methods, by an independent entity or organization, to 
determine, of the households who as of August 28, 2005, resided in 
public housing (as such term is defined in section 3(b) of the United 
States Housing Act of 1937 (42 U.S.C. 1437a(b))) operated or 
administered by the Housing Authority of New Orleans, in Louisiana--
            (1) which and how many such households intend to return to 
        residences in dwelling units described in section 202(d) of 
        this Act, when presented with the options of--
                    (A) returning to residence in a repaired public 
                housing or comparable dwelling unit in New Orleans; or
                    (B) continuing to receive rental housing assistance 
                from the Federal Government; and
            (2) when such households intend to return.
    (b) Participation of Residents.--The Secretary shall solicit 
recommendations from resident councils and residents of public housing 
operated or administered by such Housing Authority in designing and 
conducting the survey under subsection (a).
    (c) Proposed Survey Document.--The Secretary shall submit the full 
research design of the proposed document to be used in conducting the 
survey to the Committee on Financial Services of the House of 
Representatives and the Committee on Banking, Housing, and Urban 
Affairs of the Senate not less than 10 business days before the 
commencement of such survey.
    (d) Report.--The Secretary shall submit a report the Committees 
referred to in subsection (c) detailing the results of the survey 
conducted under subsection (a) not later than 60 days after the date of 
the enactment of this Act.

SEC. 202. RIGHT OF RETURN FOR PREVIOUS RESIDENTS OF PUBLIC HOUSING.

    (a) Requirement To Provide Dwelling Units.--Not later than August 
1, 2007, the Housing Authority of New Orleans shall make available for 
occupancy, subject to subsection (b), a number of dwelling units 
(including those currently occupied) described in subsection (d) that 
is not less than the greater of--
            (1) 3,000; or
            (2) the number of households who have indicated, in the 
        survey conducted pursuant to section 201, that they intend to 
        return to residence in public housing operated or administered 
        by such public housing agency.
    (b) Right of Return.--
            (1) In general.--Subject only to subsection (c), the 
        Housing Authority of New Orleans shall make available, upon the 
        request of any household who, as of August 28, 2005, was a 
        tenant of public housing operated or administered by such 
        public housing agency, occupancy for such household in a 
        dwelling unit provided pursuant to subsection (a). As a 
        condition of exercising a right under this paragraph to 
        occupancy in such a dwelling unit, not later than August 1, 
        2007, a tenant shall provide notice to such Housing Authority 
        of intent to exercise such right and shall identify a date that 
        the tenant intends to occupy such a dwelling unit, which shall 
        not be later than October 1, 2007.
            (2) Preferences.--In making dwelling units available to 
        households pursuant to paragraph (1), such Housing Authority 
        shall provide preference to each such household for occupancy 
        in a dwelling unit in the following locations, in the following 
        order:
                    (A) A dwelling unit in the same public housing 
                project occupied by the household as of August 28, 
                2005, if available.
                    (B) A dwelling unit in the same census tract in 
                which was located the public housing dwelling unit 
                occupied by the household as of August 28, 2005, if 
                available.
                    (C) A dwelling unit in a census tract adjacent to 
                the census tract in which was located the public 
                housing dwelling unit occupied by the household as of 
                August 28, 2005, if available.
                    (D) A dwelling unit in the neighborhood in which 
                was located the public housing dwelling unit occupied 
                by the household as of August 28, 2005, if available.
    (c) Prohibition of Exclusion.--The Housing Authority of New 
Orleans, and any other manager of replacement dwelling units set forth 
in this section shall not, including through the application of any 
waiting list or eligibility, screening, occupancy, or other policy or 
practice, prevent any household referred to in subsection (b)(1) from 
occupying a replacement dwelling unit provided pursuant to subsection 
(a), except to the extent that any other provision of Federal law 
prohibits occupancy or tenancy of such household in the type of housing 
of the replacement dwelling unit provided for such household.
    (d) Replacement Dwelling Units.--A dwelling unit described in this 
subsection is--
            (1) a dwelling unit in public housing operated or 
        administered by the Housing Authority of New Orleans; or
            (2) a dwelling unit in other comparable housing for which 
        the amount required to be contributed by the tenant for rent is 
        comparable to the amount required to be contributed by the 
        tenant for rental of a comparable public housing dwelling unit.
    (e) Relocation Assistance.--The Housing Authority of New Orleans 
shall provide, to each household provided occupancy in a dwelling unit 
pursuant to subsection (b), assistance under the Uniform Relocation 
Assistance and Real Property Acquisitions Policy Act of 1970 (42 U.S.C. 
4601 et seq.) for relocation to such dwelling unit.

SEC. 203. ONE-FOR-ONE REPLACEMENT OF ALL PUBLIC HOUSING DWELLING UNITS.

    (a) Conditions on Demolition.--After the date of the enactment of 
this Act, the Housing Authority of New Orleans may not demolish or 
dispose of any dwelling unit of public housing operated or administered 
by such agency (including any uninhabitable unit and any unit 
previously approved for demolition) except pursuant to a plan for 
replacement of such units in accordance with, and approved by the 
Secretary of Housing and Urban Development pursuant to, subsection (b).
    (b) Plan Requirements.--The Secretary may not approve a plan that 
provides for demolition or disposition of any dwelling unit of public 
housing referred to in subsection (a) unless--
            (1) such plan is developed with the active participation of 
        the resident councils of, and residents of public housing 
        operated or administered by, such Housing Authority and with 
        the City of New Orleans, at every phase of the planning and 
        approval process, through a process that provides opportunity 
        for comment on specific proposals for redevelopment, 
        demolition, or disposition;
            (2) not later than 60 days before the date of the approval 
        of such plan, such Housing Authority has convened and conducted 
        a public hearing regarding the demolition or disposition 
        proposed in the plan;
            (3) such plan provides that for each such dwelling unit 
        demolished or disposed of, such public housing agency will 
        provide an additional dwelling unit through--
                    (A) the acquisition or development of additional 
                public housing dwelling units; or
                    (B) the acquisition, development, or contracting 
                (including through project-based assistance) of 
                additional dwelling units that are subject to 
                requirements regarding eligibility for occupancy, 
                tenant contribution toward rent, and long-term 
                affordability restrictions which are comparable to 
                public housing units;
            (4) such plan provides for the implementation of a right 
        for households to occupancy housing in accordance with section 
        202;
            (5) such plan provides priority in making units available 
        under paragraph (3) to residents identified in section 201;
            (6) such plan provides that the proposed demolition or 
        disposition and relocation will be carried out in a manner that 
        affirmatively furthers fair housing, as described in subsection 
        (e) of section 808 of the Civil Rights Act of 1968; and
            (7) to the extent that such plan provides for the provision 
        of replacement or additional dwelling units, or redevelopment, 
        in phases over time, such plan provides that the ratio of 
        dwelling units described in subparagraphs (A) and (B) of 
        paragraph (3) that are provided in any such single phase to the 
        total number of dwelling units provided in such phase is not 
        less than the ratio of the aggregate number of such dwelling 
        units provided under the plan to the total number of dwelling 
        units provided under the plan.
    (c) Inapplicable Provisions.--Subparagraphs (B) and (D) of section 
8(o)(13) of the United States Housing Act of 1937 (42 U.S.C. 
1437f(o)(13)) shall not apply with respect to vouchers used to comply 
with the requirements of subsection (b)(3) of this section.
    (d) Monitoring.--The Secretary of Housing and Urban Development 
shall provide for the appropriate field offices of the Department to 
monitor and supervise enforcement of this section and plans approved 
under this section and to consult, regarding such monitoring and 
enforcement, with resident councils of, and residents of public housing 
operated or administered by, the Housing Authority of New Orleans and 
with the City of New Orleans.

SEC. 204. PROTECTION FOR PUBLIC HOUSING RESIDENTS IN HURRICANE AREAS.

    (a) Conditions on Transfer.--During the two year period beginning 
on the date of the enactment of this Act, a public housing agency may 
not transfer ownership of any public housing dwelling units described 
in subsection (h) unless the transferee enters into such binding 
commitments as the Secretary of Housing and Urban Development considers 
necessary to maintain, for the longest feasible period, the 
requirements regarding eligibility for occupancy in such dwelling units 
and tenant contribution toward rent for such dwelling units that are 
applicable to such units as public housing dwelling units.
    (b) Conditions on Demolition.--After the date of the enactment of 
this Act, a public housing agency may not dispose or demolish any 
dwelling units described in subsection (h), except pursuant to a plan 
for replacement of such units in accordance with, and approved by the 
Secretary of Housing and Urban Development pursuant to, subsection (c).
    (c) Plan Requirement.--The Secretary of Housing and Urban 
Development may not approve a plan that provides for demolition or 
disposition of any dwelling unit of public housing described in 
subsection (h) unless such plan complies with the requirements under 
paragraphs (1), (2), (3), (6), and (7) of section 203(b), except that 
such paragraphs shall be applied for purposes this subsection by 
substituting ``the public housing agency'' and ``applicable unit of 
general local government'' for ``such Housing Authority'' and ``City of 
New Orleans'', respectively.
    (d) Relocation Assistance.--A public housing agency shall provide, 
to each household relocated pursuant to a plan under this section for 
demolition or disposition, assistance under the Uniform Relocation 
Assistance and Real Property Acquisitions Policy Act of 1970 for 
relocation to their new residence.
    (e) Right of Return.--A public housing agency administering or 
operating public housing dwelling units described in subsection (h) has 
the obligation--
            (1) to use its best efforts to locate tenants displaced 
        from such public housing as a result of Hurricane Katrina or 
        Rita; and
            (2) to provide such residents occupancy in public housing 
        dwelling units of such agency that become available for 
        occupancy, and to ensure such residents a means to exercise 
        such right of return.
    (f) Inapplicability of Certain Project-Based Voucher Limitations.--
Subparagraphs (B) and (D) of section 8(o)(13) of the United States 
Housing Act of 1937 (42 U.S.C. 1437f(o)(13)) shall not apply with 
respect to any project-based vouchers used to comply with the 
requirements of a plan under subsection (c).
    (g) Prohibition on Displacement From Habitable Units.--A public 
housing agency may not displace a tenant from any public housing 
dwelling unit described in subsection (h) that is administered or 
operated by such agency and is habitable (including during any period 
of rehabilitation), unless the agency provides a suitable and 
comparable dwelling unit for such tenant in the same local community as 
such public housing dwelling unit.
    (h) Covered Public Housing Dwelling Units.--The public housing 
dwelling units described in this subsection are any such dwelling units 
located in any area for which major disaster or emergency was declared 
by the President pursuant to the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act as a result of Hurricane Katrina or Rita of 
2005, except that such dwelling units shall not include any public 
housing dwelling units operated or administered by the Housing 
Authority of New Orleans.

SEC. 205. REPORTS ON PROPOSED CONVERSIONS OF PUBLIC HOUSING UNITS.

    Not later than the expiration of the 15-day period beginning on the 
date of the enactment of this Act, the Secretary of Housing and Urban 
Development shall submit to the Committee on Financial Services of the 
House of Representatives and the Committee on Banking, Housing, and 
Urban Affairs of the Senate a detailed report identifying all public 
housing projects located in areas impacted by Hurricane Katrina or Rita 
of 2005, for which plans exist to transfer ownership to other entities 
or agencies. Such report shall include the following information for 
each such project:
            (1) The name and location.
            (2) The number of dwelling units.
            (3) The proposed new owner.
            (4) The existing income eligibility and rent provisions.
            (5) Duration of existing affordability restrictions.
            (6) The proposed date of transfer.
            (7) Any other relevant information regarding the project.

SEC. 206. AUTHORIZATION OF APPROPRIATIONS FOR REPAIR AND 
              REHABILITATION.

    There are authorized to be appropriated such sums as may be 
necessary to carry out activities eligible for funding under the 
Capital Fund under section 9 of the United States Housing Act of 1937 
(42 U.S.C. 1437g) for the repair, rehabilitation, and development of 
public housing of the Housing Authority of New Orleans, and for 
community and supportive services for the residents of public housing 
operated or administered by the Housing Authority of New Orleans.

SEC. 207. COMPLIANCE OF EXISTING REQUESTS FOR PROPOSALS.

    Each request for qualification or proposal issued before the date 
of the enactment of this Act with respect to any public housing 
operated or administered by the Housing Authority of New Orleans shall, 
notwithstanding any existing terms of such requests, be subject to and 
comply with all provisions of this title and, to the extent necessary 
to so comply, such Housing Authority shall reissue such requests.

SEC. 208. REPORTS ON COMPLIANCE.

    Not later than the expiration of the 30-day period beginning on the 
date of the enactment of this Act and not later than the expiration of 
each calendar quarter thereafter, the Secretary of Housing and Urban 
Development shall submit a detailed report regarding compliance with 
the requirements of this title, including the resident participation 
requirement under section 203(b)(1), to the Committee on Financial 
Services of the House of Representatives, the Committee on Banking, 
Housing, and Urban Affairs of the Senate, the resident councils of, and 
residents of public housing operated or administered by, the Housing 
Authority of New Orleans, and the City of New Orleans.

SEC. 209. REQUIREMENTS REGARDING PUBLIC HOUSING CONSTRUCTION WORKERS.

    Any entity that receives any Federal funds made available pursuant 
to this title for construction, development, rehabilitation, or repair 
of public housing shall verify that all workers employed by such entity 
and engaged in such activities--
            (1) have an immigration status that allows them to legally 
        be so employed; and
            (2) have a valid form of identification or documentation 
        indicating such immigration status.

TITLE III--DISASTER VOUCHER PROGRAM AND PROJECT-BASED RENTAL ASSISTANCE

SEC. 301. EXTENSION OF DVP PROGRAM.

    Notwithstanding any other provision of law, the Disaster Voucher 
Program of the Department of Housing and Urban Development, established 
pursuant to Public Law 109-148 (119 Stat. 2779) and the authority of 
the Secretary of Housing and Urban Development to waive requirements 
under section 8 of the United States Housing Act of 1937 in 
administering assistance under such program, shall be extended until 
January 1, 2008.

SEC. 302. CLARIFICATION OF VOUCHER ALLOCATION FORMULA FOR FISCAL YEAR 
              2007.

    In carrying out section 21033 of the Continuing Appropriations 
Resolution, 2007, to provide renewal funding for tenant-based rental 
housing assistance under section 8 of the United States Housing Act of 
1937 for each public housing agency, the Secretary of Housing and Urban 
Development shall make, for any public housing agency impacted by 
Hurricane Katrina, Rita, or Wilma, such adjustments as are appropriate 
to provide adequate funding to adjust for reduced voucher leasing rates 
and increased housing costs arising from such hurricanes.

SEC. 303. PRESERVATION OF PROJECT-BASED HOUSING ASSISTANCE PAYMENTS 
              CONTRACTS FOR DWELLING UNITS DAMAGED OR DESTROYED.

    (a) Tolling of Contract Term.--Notwithstanding any other provision 
of law, a project-based housing assistance payments contract for a 
covered assisted multifamily housing project shall not expire or be 
terminated because of the damage or destruction of dwelling units in 
the project by Hurricane Katrina or Rita. The expiration date of the 
contract shall be deemed to be the later of the date specified in the 
contract or a date that is not less than three months after the 
dwelling units in the project or in a replacement project are first 
made habitable.
    (b) Owner Proposals for Reuse or Re-Siting.--The Secretary of 
Housing and Urban Development shall promptly review and shall approve 
all feasible proposals made by owners of covered assisted multifamily 
housing projects submitted to the Secretary, not later than October 1, 
2007, that provide for the rehabilitation of the project and the 
resumption of use of the assistance under the contract for the project, 
or, alternatively, for the transfer, pursuant to subsection (c), of the 
contract or, in the case of a project with an interest reduction 
payments contract, of the remaining budget authority under the contact, 
to another multifamily housing project.
    (c) Transfer of Contract.--In the case of any covered assisted 
multifamily housing project, the Secretary of Housing and Urban 
Development shall--
            (1) in the case of a project with a project-based rental 
        assistance payments contract described in subparagraph (A), 
        (B), or (C) of subsection (d)(2), transfer the contract to 
        another appropriate and habitable existing project or a project 
        to be constructed (having the same or a different owner); and
            (2) in the case of a project with an interest reduction 
        payments contract pursuant to section 236 of the National 
        Housing Act, use the remaining budget authority under the 
        contract for interest reduction payments to reduce financing 
        costs with respect to dwelling units in other habitable 
        projects not currently so assisted, and such dwelling units 
        shall be subject to the low-income affordability restrictions 
        applicable to projects for which such payments are made under 
        section 236 of the National Housing Act.
A project to which a project-based rental assistance payments contract 
is transferred may have a different number of units or bedroom 
configuration than the damaged or destroyed project if approximately 
the same number of individuals are expected to occupy the subsidized 
units in the replacement project as occupied the damaged or destroyed 
project.
    (d) Definitions.--For purposes of this section:
            (1) Covered assisted multifamily housing project.--The term 
        ``assisted multifamily housing project'' means a multifamily 
        housing project that--
                    (A) as of the date of the enactment of this Act, is 
                subject to a project-based rental assistance payments 
                contract (including pursuant to subsection (a) of this 
                section); and
                    (B) that was damaged or destroyed by Hurricane 
                Katrina or Hurricane Rita of 2005.
            (2) Project-based rental assistance payments contract.--The 
        term ``project-based rental assistance payments contract'' 
        includes--
                    (A) a contract entered into pursuant to section 8 
                of the United States Housing Act of 1937 (42 U.S.C. 
                1437f);
                    (B) a contract for project rental assistance 
                pursuant to section 202(c)(2) of the Housing Act of 
                1959 (12 U.S.C. 1701q(c)(2));
                    (C) a contract for project rental assistance 
                pursuant to section 811(d)(2) of the Cranston-Gonzalez 
                National Affordable Housing Act (42 U.S.C. 8013(d)(2)); 
                and
                    (D) an interest reduction payments contract 
                pursuant to section 236 of the National Housing Act (12 
                U.S.C. 1715z-1).

SEC. 304. TENANT REPLACEMENT VOUCHERS FOR ALL LOST UNITS.

    There is authorized to be appropriated for fiscal year 2008 such 
sums as may be necessary to provide tenant replacement vouchers under 
section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) 
for the number of households that is equal to--
            (1) the number of assisted dwelling units (whether occupied 
        or unoccupied) located in covered assisted multifamily housing 
        projects (as such term is defined in section 303(d) of this 
        Act) that are not approved for reuse or re-siting by the 
        Secretary; plus
            (2) the number of public housing dwelling units that, as of 
        August 28, 2005, were located in areas affected by Hurricane 
        Katrina and were considered for purposes of allocating 
        operating and capital assistance under section 9 of the United 
        States Housing Act of 1937 (whether occupied or unoccupied), 
        that will not be put back into use for occupancy; plus
            (3) the number of public housing dwelling units that, as of 
        September 24, 2005, were located in areas affected by Hurricane 
        Rita and were considered for purposes of allocating operating 
        and capital assistance under section 9 of the United States 
        Housing Act of 1937 (whether occupied or unoccupied), that will 
        not be put back into use for occupancy; minus
            (4) the number of previously awarded enhanced vouchers for 
        assisted dwelling units and tenant protection vouchers for 
        public housing units covered under this section.
Any amounts made available pursuant to this section shall, upon the 
request of a public housing agency for such voucher assistance, be 
allocated to the public housing agency based the number of dwelling 
units described in paragraph (1) or (2) that are located in the 
jurisdiction of the public housing agency.

SEC. 305. VOUCHER ASSISTANCE FOR SUPPORTIVE HOUSING.

    There are authorized to be appropriated such sums as may be 
necessary to provide 4,500 vouchers for project-based rental assistance 
under section 8(o)(13) of the United States Housing Act of 1937 (42 
U.S.C. 1437f(o)(13)) for use for supportive housing dwelling units for 
elderly families, persons with disabilities, or homeless persons. The 
Secretary of Housing and Urban Development shall make available to the 
State of Louisiana or its designee or designees, upon request, 3,000 of 
such vouchers. Subparagraphs (B) and (D) of section 8(o)(13) of the 
United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)) shall not 
apply with respect to vouchers made available under this section.

SEC. 306. TRANSFER OF DVP VOUCHERS TO VOUCHER PROGRAM.

    (a) Transfer to Section 8 Voucher Program.--There are authorized to 
be appropriated, for tenant-based assistance under section 8(o) of the 
United States Housing Act of 1937 (42 U.S.C. 1437f(o)), such sums as 
may be necessary to provide vouchers for such assistance for each 
household that, as of the termination date of the Disaster Voucher 
Program referred to in section 301 of this Act, is assisted under such 
program, for the period that such household is eligible for such 
voucher assistance. Such voucher assistance shall be administered by 
the public housing agency having jurisdiction of the area in which such 
assisted family resides as of such termination date.
    (b) Temporary Vouchers.--If at any time a household for whom a 
voucher for rental housing assistance is provided pursuant to this 
section becomes ineligible for further such rental assistance--
            (1) the public housing agency administering such voucher 
        pursuant to this section may not provide rental assistance 
        under such voucher for any other household;
            (2) the Secretary of Housing and Urban Development shall 
        recapture from such agency any remaining amounts for assistance 
        attributable to such voucher and may not reobligate such 
        amounts to any public housing agency; and
            (3) such voucher shall not be taken into consideration for 
        purposes of determining any future allocation of amounts for 
        such tenant-based rental assistance for any public housing 
        agency.

SEC. 307. IDENTIFICATION AND NOTIFICATION OF DVP-ELIGIBLE HOUSEHOLDS 
              NOT ASSISTED.

    The Secretary of Housing and Urban Development shall make a good 
faith effort to identify all households who, as of the date of the 
enactment of this Act, are eligible for assistance under the Disaster 
Voucher Program referred to in section 301 but are not assisted under 
such program. Upon identification of each such household, the Secretary 
shall--
            (1) notify such household of the rights of the household to 
        return a public housing or other assisted dwelling unit; and
            (2) to the extent that the family is eligible at such time 
        of identification, offer the household assistance under the 
        Disaster Voucher program.

              TITLE IV--DAMAGES ARISING FROM FEMA ACTIONS

SEC. 401. AUTHORIZATION OF APPROPRIATIONS TO REIMBURSE LANDLORDS FOR 
              DAMAGES DUE TO FEMA MANAGEMENT OF CITY LEASE PROGRAM.

    There are authorized to be appropriated, from amounts made 
available before the date of the enactment of this Act under any 
provision of law to the Federal Emergency Management Agency for 
disaster relief under the Robert T. Stafford Disaster Relief Emergency 
Assistance Act, such sums as may be necessary for the Secretary of 
Housing and Urban Development to provide reimbursement to each landlord 
who participated in the city lease program of the Federal Emergency 
Management Agency pursuant to section 403 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b) in the 
amount of actual, documented damages incurred by such landlord as a 
result of abrogation by such Agency of commitments entered into under 
such program.

                   TITLE V--FHA SINGLE FAMILY HOUSING

SEC. 501. TREATMENT OF NON-CONVEYABLE PROPERTIES.

    Notwithstanding any other provision of law, in the case of any 
property consisting of 1- to 4-family residence that is subject to a 
mortgage insured under title II of the National Housing Act (12 U.S.C. 
1707 et seq.) and was damaged or destroyed as a result of Hurricane 
Katrina or Rita of 2005, if there was no failure on the part of the 
mortgagee or servicer to provide hazard insurance for the property or 
to provide flood insurance coverage for the property to the extent such 
coverage is required under Federal law, the Secretary of Housing and 
Urban Development--
            (1) may not deny conveyance of title to the property to the 
        Secretary and payment of the benefits of such insurance on the 
        basis of the condition of the property or any failure to repair 
        the property;
            (2) may not reduce the amount of such insurance benefits to 
        take into consideration any costs of repairing the property; 
        and
            (3) with respect to a property that is destroyed, 
        condemned, demolished, or otherwise not available for 
        conveyance of title, may pay the full benefits of such 
        insurance to the mortgagee notwithstanding that such title is 
        not conveyed.

                   TITLE VI--FAIR HOUSING ENFORCEMENT

SEC. 601. FAIR HOUSING INITIATIVES PROGRAM.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out section 561 of the Housing and Community 
Development Act of 1987 (42 U.S.C. 3616a), in each of fiscal years 2008 
and 2009, such sums as may be necessary, but not less than $5,000,000, 
for areas affected by Hurricanes Katrina and Rita, of which, in each 
such fiscal year--
            (1) 60 percent shall be available only for private 
        enforcement initiatives for qualified private enforcement fair 
        housing organizations authorized under subsection (b) of such 
        section, and, of the amount made available in accordance with 
        this paragraph, the Secretary shall set aside an amount for 
        multi-year grants to qualified fair housing enforcement 
        organizations;
            (2) 20 percent shall be available only for activities 
        authorized under paragraphs (1) and (2) of subsection (c) of 
        such section; and
            (3) 20 percent shall be available only for education and 
        outreach programs authorized under subsection (d) of such 
        section.
    (b) Low Funding.--If the total amount appropriated to carry out the 
Fair Housing Initiatives Program for either fiscal year 2008 or 2009 is 
less than $50,000,000, not less than 5 percent of such total amount 
appropriated for such fiscal year shall be available for the areas 
described in subsection (a) for the activities described in paragraphs 
(1), (2), and (3) of such subsection.
    (c) Availability.--Any amounts appropriated under this section 
shall remain available until expended.

TITLE VII--IMPROVED DISTRIBUTION OF FEDERAL HURRICANE HOUSING FUNDS FOR 
                            HURRICANE RELIEF

SEC. 701. GAO STUDY OF IMPROVED DISTRIBUTION OF FEDERAL HOUSING FUNDS 
              FOR HURRICANE RELIEF.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study to examine methods of improving the distribution of 
Federal housing funds to assist States covered by this Act with 
recovery from hurricanes, which shall include identifying and 
analyzing--
            (1) the Federal and State agencies used in the past to 
        disburse such funds and the strengths and weakness of existing 
        programs;
            (2) the means by and extent to which critical information 
        relating to hurricane recovery, such as property valuations, is 
        shared among various State and Federal agencies;
            (3) program requirements that create impediments to the 
        distribution of such funds that can be eliminated or 
        streamlined;
            (4) housing laws and regulations that have caused programs 
        to be developed in a manner that complies with statutory 
        requirements but fails to meet the housing objectives or needs 
        of the States or the Federal Government;
            (5) laws relating to privacy and impediments raised by 
        housing laws to the sharing, between the Federal Government and 
        State governments, and private industry, of critical 
        information relating to hurricane recovery;
            (6) methods of streamlining applications for and 
        underwriting of Federal housing grant or loan programs; and
            (7) how to establish more equitable Federal housing laws 
        regarding duplication of benefits.
    (b) Report.--Not later than 6 months after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
Congress a report describing the results of the study and any 
recommendations regarding the issues analyzed under the study.

     TITLE VIII--COMMENDING AMERICANS FOR THEIR REBUILDING EFFORTS

SEC. 801. COMMENDING AMERICANS.

    (a) Congressional Findings.--The Congress finds that--
            (1) over 500,000 individuals in the United States have 
        volunteered their time in helping rebuild the Gulf Coast region 
        in the aftermath of Hurricane's Katrina and Rita;
            (2) over $3,500,000,000 in cash and in-kind donations have 
        been made for hurricane victims;
            (3) 40,000,000 pounds of food have been distributed by 
        Catholic Charities' Food Bank through hurricane relief efforts;
            (4) almost 7,000,000 hot meals have been served by 
        Salvation Army volunteers in hurricane relief efforts;
            (5) over 10,000,000 college students have devoted their 
        spring and fall breaks to hurricane relief efforts;
            (6) almost 20,000 families displaced as a result of the 
        hurricanes have been supported by Traveler's Aid volunteers;
            (7) faith-based organizations, such as Jewish Family 
        Services, Lutheran Disaster Response, the United Methodist 
        Committee on Relief, Presbyterian Disaster Assistance, the 
        National Baptist Convention of America, Inc., the Progressive 
        National Baptist Convention, the Southern Baptist Convention, 
        and the African Methodist Episcopal Church have contributed 
        tens of thousands of man-hours for hurricane relief; and
            (8) community-based organizations, such as the Boys and 
        Girls Club of America, Junior League, Boy and Girl Scouts of 
        America, and the YMCA, have had thousands of members volunteer 
        with the cleanup in the Gulf States.
    (b) Commendation.--The Congress hereby commends the actions and 
efforts by the remarkable individuals and organizations who contributed 
to the hurricane relief effort and recognizes that the rebuilding of 
the Gulf Coast region rests on the selfless dedication of private 
individuals and community spirit.
                                                  Union Calendar No. 24

110th CONGRESS

  1st Session

                               H. R. 1227

                      [Report No. 110-51, Part I]

_______________________________________________________________________

                                 A BILL

To assist in the provision of affordable housing to low-income families 
                     affected by Hurricane Katrina.

_______________________________________________________________________

                             March 16, 2007

Committee on Transportation and Infrastructure discharged; committed to 
the Committee of the Whole House on the State of the Union and ordered 
                             to be printed